MINT Gift Card Terms and Conditions of Use

In this section we have defined certain words and terms used in the terms and conditions (the "Terms and Conditions") applying to the use of the MINT Gift Card.

agreement The Terms and Conditions subject to which the Gift Card is issued and which govern its use. By purchasing and/or signing and using the Gift Card, you are agreeing to the following Terms and Conditions.

available funds The value of the funds that are loaded on to your Gift Card and that are available for spending, from time to time.

Card or Gift Card Your MINT Gift Card.

access code A four digit number to be used for the purposes of activating your Card via the MINT Gift Card website and managing your Card via the Interactive Voice Recorder (IVR) service.

security question A security question which you select during the activation process carried out on the MINT Gift Card website, and respond to, which will be used in the future, for identification purposes.

transaction Any payment made by you for purchasing goods or services using the Gift Card.

we, us, our The Royal Bank of Scotland plc, trading as MINT and any person to whom our rights, duties and obligations may be assigned or transferred, in the future.

you, your The person who has purchased the Card and/or the person who is using the Card.

1 The Card

a) The Card will be delivered to the purchaser, or where the purchaser has requested us to deliver it direct to the recipient, to the recipient, by post, usually within five business days from the date of submission of the order for the Card, or where the purchaser has specified a delivery date, on, or as close as possible to, the chosen delivery date.

b)The person who will be using the Card must do the following before using it:

• Sign the Card.
• Activate the Card via the MINT Gift Card website.
• Accept these Terms and Conditions (as part of the Card activation process).
• Keep the Card secure at all times and not allow any other person to use it.
• Memorise the access code and not divulge this information to anyone.
• Keep the answer to your security question secret and take all reasonable precautions to prevent it becoming known to any other person, to avoid the possibility of any fraudulent use of the Card.

c) You must not do the following:

• Use the Card before or after the period it is valid for or after you receive notice that we have cancelled or withdrawn the Card.
• Use the Card to carry out transactions for illegal purposes.

d) We own the Card and reserve the right to cancel it at any time. If we request this, you must cut the Card in half and return it to us. In addition, we may cancel the Card and then instruct any establishment to retain it, if you try to use it. If we cancel the Card, any available funds remaining on the Card, after payment of all your purchases and any applicable taxes, fees and charges, will be returned to you.

e) If we have a good reason to do so (for example, if you do not comply with any of these Terms and Conditions, or there is any suspected fraud involving the Card or the access code and we consider it reasonably necessary to do so) we may suspend, withdraw or restrict the use of the Card and/or the access code at any time. Where this is possible, we will tell you before we take this action. If not, we will tell you as soon as possible afterwards.

f) Your Card is not reloadable (i.e. it cannot be topped up) nor can it be used when it no longer holds any available funds, or after the expiry of the Card. Please destroy the Card when it no longer holds any available funds or following the expiry of 90 days from the date the Card expires, whichever occurs first.

g) We will charge you £3 for each issue of a replacement Card and this fee will be deducted from the available funds.

h) No interest will be paid to you in respect of the available funds.

2 Using the Card

Transactions

a) The Card can be used at most establishments that accept Visa Electron cards. However, you are not permitted to use the Card for any illegal purposes, at car rental agencies, or hotels or massage parlours, or to pay for certain types of transactions including mail order (for instance magazine subscriptions), or to pay for escort services, for fuel obtained from automated fuel dispensers, or for gambling transactions. We will not be liable if any establishment refuses to let you pay with the Card, save in respect of any direct loss you suffer which is caused by our fault. Please ensure that you have sufficient value remaining on your Card before you make any purchase.

b) We are not responsible for the quality, safety, suitability or any other aspect of any goods or services purchased by you, using your Card.

c) Your Card is loaded in Sterling and your Card currency is Sterling. When we make a deduction from your available funds for a transaction undertaken in a foreign currency, we will convert the sum into Sterling at the exchange rate set by Visa on the day they process the transaction. We will charge a commission of 2.75% of the amount of the transaction for each transaction carried out in a currency other than Sterling.

d) The Card can only be used for real time transactions. It cannot be used for manual transactions (for instance on zip zap machines). As you use the Card, the available funds will be reduced by the full amount of each purchase that you make plus any applicable taxes, charges and other fees.

e) Subject to the provisions of Clause 6 below, the Card cannot be used to obtain cash, for instance, through an Automatic Teller Machine (ATM) or over the counter at any bank or establishment.

f) You should keep track of the amount of your available funds. To check the available funds at any time or to request information about previous transactions, you may call us on 0845 603 4502 or Textphone 0870 242 4432. If you have a question or a problem about any transaction posted to your Card, you must inform us of this immediately and in any event within 60 days of the date of the transaction, by calling us on 0845 603 4502 or Textphone 0870 242 4432.

g) If any purchase exceeds the available funds, your transaction will be declined.

h) Any refunds made to you by an establishment cannot be credited to the Card.

Authorising payments

i) Any establishment may ask us for authorisation before accepting payment by the Card. We may decide not to give our authorisation if:

• we have reason to suspect the Card has been lost or stolen; or
• you have not complied with any of the Terms and Conditions.

j) Purchases made with the Card are similar to purchases made with cash. Accordingly, once you have carried out a transaction using your Card you cannot ask us to stop that transaction.

3 If your Card is lost, stolen, damaged or subject to unauthorised use

a) Your Card is not a credit or debit card or a charge card. Your Card is a prepaid card and should be treated like cash in a wallet. If you lose your Card or it is stolen, you will lose the funds held on the Card in the same way as you could lose cash if your wallet is lost.

b) If the Card is lost or stolen, damaged, or malfunctions, or it is used improperly, or you suspect that someone knows the access code, you must notify us of this immediately on 0845 603 4502 or Textphone 0870 242 4432.

c) If you notify us of any fraud being undertaken in relation to your Card or that your Card is lost, stolen, damaged, not working, or is being misused by someone without your permission then, subject to you satisfying the requirements of Clause 3 (d), we will cancel your Card, and replace it with a new Gift Card, loaded with any available funds still remaining on your Card at the time that you notify us. Usually, any payments that have been made/any losses you have incurred, prior to you notifying us of these circumstances, will not be refundable.

d) You will need to provide us with details of your Card number and access code in order for us to cancel your Card and also where you are requesting a replacement Card.

e) Once we receive notice of the loss, theft or possible misuse, and we have cancelled the Card, then no further payments will be processed on that Card. If you then find the Card you must not use it. Please return it to us immediately, after cutting it in half, through the signature box and magnetic strip.

4 Giving out information

You authorise us to give any appropriate third party any relevant information:

• in connection with the use, loss, theft or possible misuse of the Card or access code; or
• in order for us to meet our obligations as a member of the card scheme (Visa Electron) the Card is issued under.

5 Your right to withdraw

The Card has been purchased online. The purchaser of the Card will have a period of 14 days beginning on the date of purchase, to withdraw from this agreement and cancel the Card, without any penalty or charge. The purchaser must contact us within this 14 day period and inform us that he/she wishes to withdraw from this agreement. If so, we will cancel the Card and reimburse the amount of available funds on the Card, to the purchaser. However, we reserve the right to hold available funds for up to 15 business days from receipt of the purchaser's instructions, before returning the balance to ensure that details of all transactions have been received.

After this 14 day period, you may cancel the Card at any time as described below.

6 Cancelling the Card and redemption of available funds

The minimum redemption amount is the equivalent of 10 Euros in Sterling (as at April 2006, this was approximately £7). Available funds will be redeemed in Sterling.

You may cancel the Card at any time and redeem any available funds held, in excess of the equivalent of 10 Euros in Sterling. Such available funds may be redeemed by advising us by telephone and returning the Card to us (cut in half through the signature box and magnetic strip). We may deduct an administration fee, which will usually be a minimum of £3 but not exceeding £25 (the exact amount will depend on the type of account that you require the remaining funds to be transferred to), from the available funds, to cover our costs in redeeming your funds. The balance will then be paid to you in cash, or by electronic transfer to a bank account of your selection, in accordance with your instructions. However, we reserve the right to hold available funds for up to 15 business days from receipt of your instructions, before redeeming them, to ensure that details of all transactions have been received.

7 Changes to the agreement

a) We may change the terms of this agreement at any time to reflect changes in:

• market conditions affecting our business, including:
• fraud prevention requirements;
• changes in technology; and
• changes in payment methods
• good banking practice;
• our systems capabilities; and
• relevant laws and regulatory requirements.

We may also suspend, cancel, add, modify or delete any feature offered in connection with your Card, at any time, at our sole discretion.

b) If we make any material changes to the Terms and Conditions or to the features offered with the Card, which are to your disadvantage, we will usually give you at least 30 days notice, before we implement the change. We may make any other changes immediately and inform you about these changes within 30 days. Any notice of changes to the agreement will be given to you in accordance with Clause 9 (k).

c) You can access an up to date copy of the Terms and Conditions on the MINT Gift Card website at www.mint.co.uk/giftcard.

8 Complaints

If you are not satisfied with our service in relation to providing the Card and/or any related services, we have a complaints handling procedure that you can use to resolve such matters. You can obtain a leaflet giving details of these procedures from any of our branches, or by phoning us. If your complaint is not resolved to your satisfaction, and it is an "eligible complaint" under the rules of the Financial Services Authority, you may be able to refer it to the Financial Ombudsman Service. The address of the Ombudsman Service is: South Quay Plaza, 183 Marsh Wall, London E14 9SR.

9 General

a) In the event that the Card service becomes inoperative, you may be unable to obtain information about available funds or transactions made on your Card or to use your Card to pay for purchases. Please contact us if you have any problems with using your Card.

b) You agree that we are not responsible for any interruption of the service. In particular, we do not accept any liability if we are unable to provide any part of our service for a reason beyond our control (for example, industrial action, failure of power supplies or equipment).

c) If we do not exercise our rights or enforce any condition of this agreement, or we delay in doing so, this will not prevent us from exercising that right or enforcing that condition, at a later date.

d) The Gift Card is available for purchase by persons aged 16 years or over living in the United Kingdom. The purchaser of the Card agrees to inform the recipient how to use the Card and also to inform them about these Terms and Conditions. If the recipient of the Card is under 16 years of age, the purchaser agrees to arrange for these Terms and Conditions to be explained to the recipient, for a copy of the MINT Gift Card Frequently Asked Questions to be given to the recipient and for the recipient to be generally assisted, as necessary, in his/her use of the Card.

e) The Card is an electronic money product and as such, any claims relating to it will not be covered by the Financial Services Compensation Scheme. We are also required by our regulators to tell you that, in the unlikely event that we are unable to satisfy any claims made against us for funds held on a Gift Card, there is no compensation scheme applicable to cover these claims.

f) The Gift Card is valid for a period of one year from the date of purchase of the Card. The Card may not be used after this date. If available funds remain on the Card, you should arrange to redeem the available funds within 90 days of the expiry date at the latest. To find out how to redeem available funds following the expiry of the Card, please call us on 0845 603 4502 or Textphone 0870 242 4432. After this 90 day period, you will cease to have any rights in the available funds remaining on the expired Card and we will make arrangements to pay these funds to a charity of our choice. For information about which charity we are currently donating these funds to, please refer to our website at www.mint.co.uk/giftcard.

g) For your security, we may record phone calls between you and us. We may do this to make sure we are providing a high quality service and/or following your instructions correctly. Maximum call charge from a BT landline is 7.6p per minute. Calls from other networks may vary.

h) You may contact us regarding the Card at: MINT Gift Card, PO Box 117, Glasgow G1 3YF, Scotland.

i) This agreement and all communications between you and us will be in English.

j) These Terms and Conditions are governed by English law and are subject to the non-exclusive jurisdiction of the Courts of England and Wales.

k) Any notice given by us will be deemed given two business days after the date of posting this to you at the latest address that we hold for you on our records or if this information is sent to you by e-mail, on the next business day following the date that this information is sent to you, at the e-mail address that we hold for you on our records. If you have given the Card to someone else, please arrange to pass any notice that you receive relating to the Card, to him/her.

l) Where you have opted to receive text messages to your mobile phone each time you make a purchase with your Gift Card, you accept that these messages will be sent at your own risk. You also accept that once the text message has been sent, we cannot be held responsible if for any reason it fails to arrive, or arrives incomplete, or garbled, or in any way different from the message we sent, or if the message is seen by anyone else.

10 Fees and charges

A summary of the current fees and charges applicable is set out below:

All fees and charges are exclusive of VAT where applicable.

11 Your Information

Who we are

a) Your account is with The Royal Bank of Scotland plc trading as MINT and any person to whom our rights, duties and obligations may be transferred or assigned.

b) We are a member of The Royal Bank of Scotland Group (the Group). For information about our Group of companies please visit www.rbs.com and click on 'About us', or for similar enquiries please telephone 0131 556 8555 or Textphone 0845 900 5960.

Your electronic information

c) If you contact us electronically, we may collect your electronic identifier, (e.g. Internet Protocol (IP) address or telephone number) supplied by your service provider.

How we use your information and who we share it with

d) We may use and share your information with other members of the Group to help us and them to:

• assess financial and insurance risks;
• recover debt;
• develop customer relationships, services and systems;
• prevent and detect crime.

Your information includes information about your transactions.

e) We do not disclose your information to anyone outside the Group except:

• where we have your permission; or
• where we are required or permitted to do so by law; or
• to other companies who provide a service to us or you; or
• where we may transfer rights and obligations under this agreement.

f) Where we have been instructed to send the Gift Card direct to the recipient of the gift, the purchaser of the Gift Card authorises us to provide details of his/her name to the person receiving this gift.

g) From time to time we may change the way we use your information. Where we believe that you may not reasonably expect such a change we shall write to you. If you do not object to the change within 60 days, you consent to that change.

h) If you would like a copy of the information we hold about you, please write to: The Data Protection Officer, MINT, Pre-paid Operations, PO Box 117, Glasgow G1 3YF, Scotland. A fee may be payable.

MINT is a business name of The Royal Bank of Scotland plc (the "Bank"). Registered in Scotland. No. 90312. Registered Office: 36 St Andrew Square, Edinburgh EH2 2YB. Authorised and regulated by the Financial Services Authority. The Bank is entered on the FSA's Register and its FSA Register Number is: 121882. The FSA's Register can be accessed at: www.fsa.gov.uk. The Bank's registered VAT number is: GB 243852752.